In a statement the LNP said it was "examining a number of issues reported to the party to determine if all Herbert electors were given the opportunity to vote".

"As soon as it is possible, the LNP will decide its next course of action," the statement said.

Ms O'Toole said Mr Jones had congratulated her on her win and was not worried about the possibility the LNP would ask for another election in the seat.

"Ewen has assured me that they will be out of the office as soon as they possibly can, the fight starts immediately to ensure that we are getting what we need in our community, I will let others worry about any so-called challenges," she said.

"It is 20 years since Labor has held the seat of Herbert and I am the first woman that has held this seat, that is an enormous celebration for the people in this community."

The result is expected to be formally declared early this week but earlier AEC spokesman Phil Diak confirmed Ms O'Toole won the recount.

"Shortly after lunch we completed that work with the ALP ahead by 37 votes, so that's the final margin," he said.

The result is expected to be formally declared early this week.

"The distribution of preferences has finished in the recount of Herbert and I have fallen short by 37 votes," Mr Jones said in a statement.

"I believe the AEC will officially declare the seat this week. I have been in touch with Cathy to congratulate her on her win."

Legal action could be launched next week

Despite Mr Jones congratulating Ms O'Toole the Coalition has left open the option of taking the matter to the Court of Disputed Returns and asking for a re-count.

Special Minister of State Scott Ryan explained the process.

"If we get a declaration of the seat of Herbert on Monday or Tuesday, which is a likely outcome at this stage, the writ would then be returned on the following Monday, which I think is August 8," he told Sky News this morning.

"Then that starts the period of 40 days whereby a candidate or someone may challenge the result of an election in the Court of Disputed Returns.

"It's marginally less than 40 days on this occasion due to some administrative arrangements but let's just say it's about 40 days from next weekend."

The final Senate results are expected by Thursday.

Senator Ryan said he expected the results in South Australia and Western Australia to be out on Monday and the Victorian and Queensland data on Tuesday.

He said the New South Wales result should be finalised by Wednesday with a formal declaration by Thursday.